Delhi High Court restrains website for infringing Dream 11's trademark
Delhi High Court has restrained Hong Yi F5 and others, the owner and operator of a website that had replicated an earlier version of Dream 11's website, from using Dream 11's trademark, trade and domain names, its logos and tagline and layout/ user-interface of its website or any deceptively similar variant that is likely to infringe the latter’s trademark and copyright.
The HC also asked GoDaddy.com LLC to transfer Hong Yi's domain name to Sporta Technologies, which owns and operates the Dream 11 fantasy sports platform that allows participants to draft virtual teams based on real players' performances in actual games.
Justice Amit Bansal said that since Hong Yi F5 and other defendants have failed to take any requisite steps to contest the present suit, it is evident that they have no defence to put forth on merits. “It may be relevant to note that Hong Yi F5 did not appear before the court, despite service of summons on February 9, 2024 via e-mail. Further, no communication on behalf of the defendants have been placed on record in respect of the allegations of the plaintiffs in this suit.”
Hong Yi and other parties had taken unfair advantage of the reputation and goodwill of Dream 11's trademark and artistic work, and deceived unwary consumers by dishonestly adopting the plaintiffs' registered marks without any explanation, the order stated.
The court was hearing a petition by Sporta Technologies and its holding company, Dream Sports Inc., seeking to permanently restrain Hong Yi F5 and others from infringing
